What happens if my EB-5 visa expires before I can enter the United States?

My wife and I have visas issued by the London Embassy expiring in March 2018, but we may not be able to travel in that timeframe due to our poor health issues. What would be our options going forward if we cannot travel?

Answers

Your experienced EB-5 Immigration attorney will be able to advise you. You may approach the U.S. Consulate and request the issuance of a new visa for a subsequent entry to the U.S. Based on the medical conditions and proof of your inability to travel, I am positive the U.S. consulate will be fair in making an accommodation for you.

If you are medically unable to travel, you should contact the embassy (immigrant visa unit) and provide documentation, i.e., a doctor note and medical records proving that you are medically unable to travel. The embassy can issue new immigrant visas or determine the appropriate next steps.

If you attempt to enter the U.S. after your visas have expired in March 2018, you run the risk of being denied entry and being sent back to the Consular Section of the U.S. Embassy in London. I would recommend that, if at all possible, you try to enter the U.S. prior to the expiration of your immigrant visas even if, once you are admitted to the United States as a Lawful Permanent Resident, you are required to return to London again. Should you be unable to enter the U.S. prior to the expiration of your visas, you should make an appointment and return to the American Embassy in London to explain your health situation and take with you the appropriate letters from your physician explaining why you were unable to travel during the 6-month period and request that the immigrant visa be re-issued to you for a longer period of time, preferably an additional 6 months.

First off, if there is any way you can enter the US, even for a short stay, you should. If, however, you are experiencing circumstances beyond your control, you can apply for the US embassy to reissue the visa; after it expires, the embassy has the discretion to reissue the visa. Of course, there is a very small chance the program may not be extended, so I would be extremely cautious. Moreover, you will need compelling evidence to show that the circumstances are beyond your control.

Make all attempts to enter by that date. If not possible, communicate with the consulate about options to extend with documentation from medical persons that you are unable to physically travel.

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